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Features

Ethical Concerns: Medical Liens and Rights of Subrogation Image

Ethical Concerns: Medical Liens and Rights of Subrogation

J. Michael Hayes

In last month's issue, the author discussed the development of federal and New York State statutory and case law regarding third-party liens against the proceeds of medical judgments. Part Two herein concludes the discussion.

Features

Understanding the Doctrine of Informed Consent Image

Understanding the Doctrine of Informed Consent

Kim M. Ruder & Samatha T. Lemery

It is important that we help our clients to understand the duties they owe their patients. One such duty, the parameters of which continue to evolve and become more refined ' is the duty to facilitate the patient's informed consent.

Health Field Workers Upset by Mandatory Flu Inoculation Rules Image

Health Field Workers Upset by Mandatory Flu Inoculation Rules

Janice G. Inman

One state has made inoculation against the H1N1 and other strains of flu mandatory, and several hospital systems have done the same. Some individuals see the new rules as an impingement on personal liberty 'and are up in arms.

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

Recent happenings in this important arena.

Features

Med Mal News Image

Med Mal News

ALM Staff & Law Journal Newsletters

The latest news you need to know.

Features

The Pharmaceutical Applications of Nanotechnology Image

The Pharmaceutical Applications of Nanotechnology

Ronald C. Wernette

In last month's issue, the author began a discussion of nanomedical applications for disease diagnosis, therapy, and prevention, and of why the new technologies that make these advances possible are likely to change the practice of medicine. Now, he looks at more ways in which the use of nanomaterials in drugs and medical devices may affect the provision of health care and lead to new medical liability issues.

Medical Liens and Ethics Image

Medical Liens and Ethics

J. Michael Hayes

When it comes to claims by medical providers and government agencies seeking reimbursement from patients' personal injury awards, there is often a blurred distinction between liens and subrogation rights. And what about the ethical considerations and violations that are integrally involved in these cases?

Features

Judges, Juries and Outside Research Image

Judges, Juries and Outside Research

Janice G. Inman

What information should be used to decide a case ' only that offered by the opposing sides? If independent legal research is permissible, just how much is too much? These questions, which are being asked in the realms of medical malpractice, criminal and other types of cases, have become more imperative in the last few years.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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